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2019 (1) TMI 59 - AT - Central ExciseValuation - At the beginning of the month October 2010 there was only one machine in the factory and from 16.10.2010, two new machines were installed under intimation to Revenue - demand of duty on all three machines - Rule 8 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 - Held that - The issue is no more res integra in view of the issue being decided by this Tribunal in the case of Shree Shyam Pan Products Pvt.Ltd. v. Delhi-I 2018 (1) TMI 345 - CESTAT NEW DELHI , where it was held that collection of duty of Central Excise for the period for which machines were not in operation and goods were not being manufactured such collection of duty is unsustainable - appeal allowed - decided in favor of appellant.
Issues:
Demand of Central Excise duty for installing two machines manufacturing Pan Masala containing Tobacco during October 2010. Analysis: The judgment by the Appellate Tribunal CESTAT ALLAHABAD, delivered by Member (Technical) Shri Anil G. Shakkarwar, addressed the issue of demanding Central Excise duty amounting to ?12,20,020 on the installation of two machines for manufacturing Pan Masala containing Tobacco in October 2010. Initially, there was only one machine in the factory, and two new machines were installed from 16.10.2010, with intimation to the Revenue. The Revenue contended that as per Rule 8 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008, duty was required for three machines for October 2010. This led to proceedings resulting in the impugned order and the subsequent appeal. Upon hearing both sides, the Tribunal found that the issue had been previously decided in the case of Shree Shyam Pan Products Pvt. Ltd. v. Delhi-I by CESTAT NEW DELHI. The Tribunal referred to Rule 9 of the mentioned Rule and specifically the 3rd proviso, emphasizing that the duty liability on account of the addition and installation of packing machines should be paid by the 5th of the following month. It was clarified that duty demand for Pan Masala products could only be from the date of production if new machinery installation occurred. Since the third machine was installed on 10th June 2013, any demand for duty before this date was deemed unsustainable. The judgment highlighted that duty collection for periods when machines were not operational and goods were not being manufactured was unjustified. Consequently, the Tribunal set aside the impugned order and allowed the appeal, ruling that the collection of Central Excise duty for periods when machines were not in operation was unsustainable. The judgment emphasized the importance of adhering to the duty liability provisions based on the actual production dates and installation of machinery, as outlined in the relevant rules and previous decisions.
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